Tracy L. Stewart v. Kathleen Allison

BACKGROUND

19 In July 2019, Petitioner Tracy L. Stewart (“Petitioner”) filed a Petition for 20 Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254. 21 (Stewart v. Johnson, Central District of California case no. 2:19-cv-06400-KES 22 [“Stewart III”], Dkt. 1.) The Petition challenged Petitioner’s 1986 convictions for 23 multiple counts of kidnapping and robbery. (Id., p. 2.) 24 The Court ordered Respondent to respond to the Petition. (Id. at Dkt. 4 25 [“Order Requiring Response”].) The Order Requiring Response noted that while 26 Petitioner had filed a previous federal habeas petition in 2014, it was unclear 27 whether the Stewart III Petition was successive, because the California Court of 28 1 Case 2:22-cv-01402-DSF-KES Document Filed 03/07/ Page 2 of Page ID #:

Appeal had ordered modifications to Petitioner’s sentence that might have resulted in a new judgment. (Id. at Dkt. 19-2, Lodged Document [“LD”] 2.) Respondent moved to vacate the Order Requiring Response, arguing that the Stewart III Petition was successive because Petitioner had filed a prior federal petition in Stewart v. State of California, case no.…